CAN SOMEONE EXPLAIN THE THE SCOTUS RULING ON TX REDISTRICTING?

THE HISPANIC BLOG IS THE LATEST HISPANIC NEWS BY JESSICA MARIE GUTIERREZ

Basically, the Supreme Court sent the case back to the three-judge court in Texas to redraw congressional and legislative lines using Texas’s own plans as a starting point. The Court held that the three-judge court should deviate from Texas’s maps only if it is likely that parts of the maps violate the Voting Rights Act.

“On the contrary,” the opinion continued, “the state plan serves as a starting point for the district court. It provides important guidance that helps ensure that the district court appropriately confines itself to drawing interim maps that comply with the Constitution and the Voting Rights Act, without displacing legitimate state policy judgments with the court’s own preferences.”

SCOTUS — cited its 1996 decision in Lopez v. Monterey County — said that a District Court may not adopt “as its own” a state plan that needs Washington clearance but does not yet have it. However, the precedents “say nothing about whether a district court may take guidance from the lawful policies incorporated in such a plan for aid in drawing an interim map.” Turning then to its 1982 decision in Upham v. Seamon, the Court said that a district court has a duty to “defer to the unobjectionable aspects of a state’s plan” even in a situation where clearance was sought but had been denied.

The Justices flatly rejected the declaration of the San Antonio court that it was “not required to give any deference” to what the legislature had crafted. The lower court was wrong, the Court added, “to the extent” it “exceeded its mission to draw interim maps that do not violate the Constitution or the Voting Rights Act, and substituted its own concept of ‘the collective public good’ for the Texas legislature’s determination of which policies serve ‘the interests of the citizens of Texas.’ ”Further, the Court wrote, “because the District Court here had the benefit of a recently enacted plan to assist it, the court had neither the need nor the license to cast aside that vital aid.”

As far as Section 5, requiring some states and local governments to get Washington legal approval before they may put into effect any change in their election laws; Justice Thomas spoke for himself citing his belief that it is unconstitutional.

What does this mean? The opinion favors the state’s maps. This decision only affects the interim maps and this is not necessarily a defeat for the redistricting plaintiffs.

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ARE YOU THERE VODKA? IT’S ME CHELSEA

THE HISPANIC BLOG BY JESSICA MARIE GUTIERREZ

This past Wednesday, I noticed Chelsea Handler‘s new show was airing on NBC after the Comedy hit, “Whitney.” However, I didn’t realize that it’s based on her book, “Are You There, Vodka? It’s Me, Chelsea.” The book tells stories from her past, and thus NBC got Laura Prepon from that 70’s Show to play Chelsea, while the real Chelsea plays her sister, Sloan. That’s when I remembered that she sent me an autographed copy of her book. Therefore, I thought I would share! She is a very fun person and extremely down to earth. Below is the book & if you scroll down more below that is the autograph.  The name of the new TV Show on NBC is “Are  You There, Chelsea? Very funny show, I enjoyed it 🙂 If you tuned in, please share your comments. Have a fabulous Friday the 13th everyone 🙂

 

 

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IS IMMIGRATION INCREASING OR DECREASING?

THE HISPANIC BLOG BY JESSICA MARIE GUTIERREZ

Despite Low Latino Migration, GOP Candidates Still Rely On Enforcement

English: The "fighting Medinas of Rio Gra...

Image via Wikipedia: The Fighting Medinas of the Rio Grande, Puerto Rico and Brooklyn source Undaunted Courage Mexican American Patriots of WWII

As the immigration debate heats up in the Republican campaign, some experts argue that immigration rates are actually cooling down.

“The Mexican immigration boom of the 1990s and early 2000s is unlikely to be repeated ever again,” Shannon K. O’Neil, an expert on Latin American studies at the Council on Foreign Relations, wrote last week.

Despite all indications that new migration is not the problem it once was, GOP candidates carry on with the politically amenable “more border enforcement” mantra while remaining vague on the harder question: What do we do with the 11.2 million undocumented immigrants already here?

Doug Massey, head of the Princeton’s Mexican Migration Project, says that for the first time in decades, Latino migration has actually reached a net zero.

“For the first time in 60 years, the net traffic has gone to zero and is probably a little bit negative,” he said in an interview with the New York Times.

After a rapid immigration spike, experts still debate what factors contributed to the fast decline in Latino immigration in recent years. O’Neil of the Council on Foreign Relation says that increased economic prosperity in Mexico, shrinking Mexican families, and increased criminal activities on the border are among the reasons given for the swift fall. Some also attribute lower immigration rates to new tougher border patrol strategies and higher deportation rates. However, the dip seems to have started far before the nation’s harsher state immigration laws (like those in Alabama and Arizona) came into effect.

Despite the immigration decline, Latino population increased 43 percent between 2000 and 2010, according to Census data — making Latinos America’s largest minority group. And for the first time since the 1970’s, native births account for the majority of Mexican-American population growth. In a study released in 2009, the Pew Hispanic Center concluded that one of every four children born in the U.S. today is of Hispanic heritage.

As immigration rates fell, Republican candidates ratcheted up their anti-immigrant talk, pledging aggressive measures to secure the border.

Herman Cain suggested installing an electrified fence and placing armed troops with “real bullets” on the border and Michele Bachmann called for “a secure double fence.”

Rick Santorum said in a September debate that, “until we build that border, we should neither have storm troopers come in and throw people out of the country nor should we provide amnesty.”

He said “we’ll have that discussion” of what do with the 11.2 million after a wall across the entire border is built.

Read More: http://www.huffingtonpost.com/2012/01/09/princeton-study-finds-imm_n_1195161.html

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HOW DID THE HEARING IN TEXAS REDISTRICTING BEGIN 2012?

THE HISPANIC BLOG BY JESSICA MARIE GUTIERREZ

The Supreme Court 2011

The Supreme Court 2011 (Photo credit: DonkeyHotey) License Creative Commons Attribution

The Supreme Court was sharply divided about what to do and reaching for options to deal with a very messy situation.

One option that got a lot of play and seemed attractive to justices on both sides of the court’s ideological spectrum was the possibility of just punting and letting the DC court issue its preclearance ruling, presumably some time in February. The suggestion came first from Justice Alito and later in the argument Justice Sotomayor asked directly, “What’s our absolute drop dead date?”  (Answer: maybe June)  Justice Kagan also raised the possibility.

Another option which came up was the possibility of shifting the burden to the State of Texas for showing that it had a likelihood of success on parts of the map that had been challenged in the section 5 case – a suggestion made by Justice Kagan.

Justice Kennedy also suggested that maybe the appropriate route might be to say that the San Antonio court should limit itself to section 2, equal protection, and other constitutional inquiries while leaving section 5 issues to the DC court (as opposed to having the San Antonio court guess whether there would be problems with the state’s maps).   But the retort to that was that it would sidestep section 5, even if just on an interim basis, and based on the questioning from other justices to the lawyers, it did not appear there would be a broad consensus for that option.

One thing that the justices seemed not very inclined to do was get into the messy business of telling the San Antonio (or future district courts) the details of what it should do on things like coalition districts and population deviations.

The other major thing that did not come up, except for a very brief allusion by the state’s lawyers, was the constitutionality of section 5. However, while the court did not seem interested in taking the issue head on, Justice Kennedy did wrestle publicly on a couple of occasions with how you reconcile the differing treatment of states.

As for the alignment on the court, it largely fell along familiar lines- with the more liberal justices (Sotomayor, Kagan, Breyer, and Ginsburg) having sharp questions about the state’s position and more conservative justices (Scalia, Alito, Roberts, Kennedy) being more skeptical of the plaintiff’s defense of the interim maps, though to differing degrees. (Justice Thomas did not ask any question but given his dissent in NAMUDNO, it can be presumed that he is not very sympathetic to arguments that section 5 prevents use of the state’s maps.)

Let’s just say things keep getting interesting.

Read More: http://txredistricting.org

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LATINOS YOU HAVE THE RIGHT TO CHOOSE

THE HISPANIC BLOG BY JESSICA MARIE GUTIERREZ

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